Neglect alleged at assisted living facility

Prosecutors are considering possible criminal charges against a Canyon assisted living facility where an elderly man was beaten, leading to his death several weeks later, Assistant Randall County Criminal District Attorney Richard Gore said Wednesday.

Another man residing at the facility, Sky West Assisted Living Center by Shaw, 2621 12th Ave., hit Bill West, 81, in the face five times July 29, and West died at a hospital 20 days later, Gore said. A grand jury cleared the other resident of wrongdoing Wednesday.

West remained at Sky West for two days after the beating with multiple broken bones in his face, yet there was “no indication of medical care for those days — or very little,” Gore said.

A forensic pathologist determined West died of pneumonia, resulting from blunt-force trauma to the head, his death certificate and a forensic report said. The pathologist ruled the death a homicide.

Following two investigations into the case, the Texas Department of Aging and Disability Services cited Sky West in the incident.

“We did substantiate an allegation of neglect. We found the facility had deficiencies in the areas of residents’ rights and client protection,” said agency spokeswoman Cecilia Fedorov.

West’s jaw was broken in five places and he suffered a broken eye socket and cheek bone, relatives said. Relatives said they removed him from the facility two days after the fight.

A Sky West incident report filed by an employee and signed by facility owner Lonnie Shaw said that West became involved in the altercation with another resident as West attempted to leave the building. The employee, who witnessed the incident, wrote that the facility gave West treatment to stop facial bleeding.

Shaw said staff contacted him within minutes of the incident and he spoke with West’s family that night. He said he also recollected signing the facility’s incident report on the same night. No date appears alongside his signature on the document.

Shaw declined to comment when asked whether West was examined by a physician or whether he’d ordered that a physician follow up. Sky West, a 16-bed facility, does not employ physicians on its staff, he said.

West’s grandson, Matthew, said it bothered him that a grand jury opted against indicting the resident who beat his grandfather.

“I personally am disappointed and in a little bit of awe about the finding,” Matthew West said. “When you lose someone you love and you know the circumstances, it’s disconcerting to have one of the people you think is responsible not found to be responsible by the grand jury. It’s disheartening and disappointing.”

West’s wife, Loudene, 78, called the facility to check on her husband on the same day of the incident and was told he’d been in a fight and suffered a cut lip, said the couple’s daughter Terry Wester.

Wester said she learned about the incident the following day and went to the facility to check on her father. She said the injured side of his face lay in a pillow so that she could not see it, leaving her unaware of the severity of his injuries.

When she attempted to rouse him, he did not awaken, she said. Staff at the facility told her that he’d been medicated, she said.

Wester said she and her brother returned the following day, observed him in obvious pain, discovered how badly he’d been hurt and then asked Shaw to call an ambulance, she said.

Prosecutors are reviewing the law further in regard to the case, Gore said.

“We need to do some research on what laws are applicable,” Gore said, “see how these facts fit into it and see if there’s a violation.”

Shaw said he had no explanation for how West went virtually untreated for two days, and added his staff is well trained.

“It’s a major part of the puzzle. I just feel very uncomfortable saying that,” Shaw said. “Staff is trained to notice significant injuries, We notified family of everything and anything that went on.”

Shaw said the Department of Aging has accepted his plan of correction related to the incident.

“(My plan is) a policy of notification of incidents (to both families and the state),” he said. “That will be something they’ll be looking at from now on. The protocol would be to fine. If it’s not corrected, there would be licensing issues.”

In rare cases, the Department of Aging has ordered facilities closed, said agency spokeswoman Allison Lowery

Most recently, the agency closed down Affordable Quality Care, an assisted living facility in Corpus Christi, on April 15 after receiving complaints of verbal and physical abuse occurring in the facility.

Shaw has owned Sky West for about three years. He had no prior experience operating an assisted living facility before buying Sky West, where his father is a resident, Shaw said.

The facility charges $2,000 to $2,500 a month, depending on the level of care required, Shaw said.